Opinion on the EU Commission’s Proposals for Broader Protection in Geographical Indications Law

Anke Moerland; Martin Senftleben; Dev Gangjee; Annette Kur; Irene Calboli

Opinion on the EU Commission’s Proposals for Broader Protection in Geographical Indications Law

Anke Moerland, Martin Senftleben, Dev Gangjee, Annette Kur, Irene Calboli

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Abstract

In spring 2022, the EU Commission launched two proposals concerning the protection of Geographical Indications (GIs): COM(2022) 134 of 31 March 2022
amending current Regulation 2012/1151 on agricultural products and foodstuff (APFP) and COM(2022) 174 of 13 April 2022 on craft and industrial products (CIPP). The aims of the proposed regulations align in that they are meant to provide a harmonised and (relatively) simpler framework for registration as well as more resilient protection, in particular on the internet. Furthermore, both aim to bolster economic incentives to invest in production and creation or maintenance of quality jobs in rural and/or less developed regions, as well as—in the case of the agrifood regulation—to stimulate sustainable ways and methods of food production. Overall, those goals are welcome, as are most of the measures proposed to implement them. However, there are a number of problematic points which concern us, which we address in this article.

Original language	English
Pages (from-to)	307-312
Number of pages	6
Journal	European Intellectual Property Review
Volume	45
Issue number	6
Publication status	Published - 5 May 2023

JEL classifications

o34 - Intellectual Property Rights

Keywords

competition
EU law
geographical indications

Access to Document

Full TextFinal published version, 281 KBLicence: Taverne

https://scholarship.law.tamu.edu/facscholar/1802/

Cite this

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title = "Opinion on the EU Commission{\textquoteright}s Proposals for Broader Protection in Geographical Indications Law",

abstract = "In spring 2022, the EU Commission launched two proposals concerning the protection of Geographical Indications (GIs): COM(2022) 134 of 31 March 2022amending current Regulation 2012/1151 on agricultural products and foodstuff (APFP) and COM(2022) 174 of 13 April 2022 on craft and industrial products (CIPP). The aims of the proposed regulations align in that they are meant to provide a harmonised and (relatively) simpler framework for registration as well as more resilient protection, in particular on the internet. Furthermore, both aim to bolster economic incentives to invest in production and creation or maintenance of quality jobs in rural and/or less developed regions, as well as—in the case of the agrifood regulation—to stimulate sustainable ways and methods of food production. Overall, those goals are welcome, as are most of the measures proposed to implement them. However, there are a number of problematic points which concern us, which we address in this article.",

keywords = "competition, EU law, geographical indications",

author = "Anke Moerland and Martin Senftleben and Dev Gangjee and Annette Kur and Irene Calboli",

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TY - JOUR

T1 - Opinion on the EU Commission’s Proposals for Broader Protection in Geographical Indications Law

AU - Moerland, Anke

AU - Senftleben, Martin

AU - Gangjee, Dev

AU - Kur, Annette

AU - Calboli, Irene

PY - 2023/5/5

Y1 - 2023/5/5

N2 - In spring 2022, the EU Commission launched two proposals concerning the protection of Geographical Indications (GIs): COM(2022) 134 of 31 March 2022amending current Regulation 2012/1151 on agricultural products and foodstuff (APFP) and COM(2022) 174 of 13 April 2022 on craft and industrial products (CIPP). The aims of the proposed regulations align in that they are meant to provide a harmonised and (relatively) simpler framework for registration as well as more resilient protection, in particular on the internet. Furthermore, both aim to bolster economic incentives to invest in production and creation or maintenance of quality jobs in rural and/or less developed regions, as well as—in the case of the agrifood regulation—to stimulate sustainable ways and methods of food production. Overall, those goals are welcome, as are most of the measures proposed to implement them. However, there are a number of problematic points which concern us, which we address in this article.

AB - In spring 2022, the EU Commission launched two proposals concerning the protection of Geographical Indications (GIs): COM(2022) 134 of 31 March 2022amending current Regulation 2012/1151 on agricultural products and foodstuff (APFP) and COM(2022) 174 of 13 April 2022 on craft and industrial products (CIPP). The aims of the proposed regulations align in that they are meant to provide a harmonised and (relatively) simpler framework for registration as well as more resilient protection, in particular on the internet. Furthermore, both aim to bolster economic incentives to invest in production and creation or maintenance of quality jobs in rural and/or less developed regions, as well as—in the case of the agrifood regulation—to stimulate sustainable ways and methods of food production. Overall, those goals are welcome, as are most of the measures proposed to implement them. However, there are a number of problematic points which concern us, which we address in this article.

KW - competition

KW - EU law

KW - geographical indications

M3 - Article

SN - 0142-0461

VL - 45

SP - 307

EP - 312

JO - European Intellectual Property Review

JF - European Intellectual Property Review

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ER -